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2025 DAILYLAW 83296 (ALL)

RASHID KHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29372/2025 · 2025-09-15

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29372 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. At the very outset, learned counsel for the applicants has prayed to dismiss the instant application as withdrawn on behalf of applicant no.2, namely, Irfan alias Chhotu, inasmuch as he has already been enlarged on bail. 2. As such, instant application is dismissed as withdrawn on behalf of applicant no.2, namely, Irfan alias Chhotu. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the charge sheet no. 340 of 2024, dated 14.12.2024, submitted by the I.O. as well as the cognizance/summoning order dated 27.05.2025 passed by Special Judge (SC/ST Act), Etah in Session Case No. 637 of 2025, arising out of Case Crime No. 421 of 2024 (State Vs. Irfan alia Chhotu and Others) u/s 115(2), 333, 352, 351(2), 76, 324(4) of B.N.S. and 3(2)(va), 3(1)(r), 3(1)(s) of SC/ST (P.A.) Act, Police Station- Kotwali Dehat, District- Etah. 4. After due deliberations at length, learned counsel for the applicants has chosen not to press the instant application on merits on behalf of applicant no.1 and 3 as well. However, he has urged for interim protection for them so that they may appear before the court below and participate in the court proceedings. It is submitted that applicants no.1 and 3 are ready and willing to appear before the court below to cooperate in the trial. They Versus Counsel for Applicant(s) : M.P.S. Chauhan Counsel for Opposite Party(s) : Hritika Saxena, Satendra Kumar, G.A. Rashid Khan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have never intended to ignore the court proceedings. As such, some protection may be granted. 5. Learned A.G.A. has no objection in case protection is granted to the applicants no.1 and 3 to enable them to appear before the court below to participate in the court proceedings. 6. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicants no.1 and 3 appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter. 7. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the applicants no.1 and 3, namely, Rashid Khan and Chaman Khan, in aforementioned criminal case. 8. As per observation made above, instant application is disposed of. September 16, 2025 Sumit K. NA528 No. 29372 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad